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Information for Restrained Persons

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What is a Restraining Order?

A restraining order is an order issued by a court that can command you to: 

  • Not have a gun or firearm
  • Pay child support
  • Move out of the house
  • Not contact or go near the protected person

What if I Have a Gun or Firearm?

If you have a gun or firearm, you must either sell it to a licensed gun dealer or turn it into the police. Firearms include: 

  • Shotguns
  • Assault weapons
  • Rifles
  • Handguns

When Can I Tell My Side of the Story?

You can tell your side of the story at the mandatory hearing. You can also explain yourself by filing an answer to the Temporary Restraining Order before the hearing. See an attorney to review your options.

How Long Does the Order Last?

The first order (the "temporary order") lasts until the hearing. At the hearing, a judge will decide whether to cancel or extend the order. If the judge decides to extend the order, it can last up to a period of years.

What if I Don't Have a Green Card?

Restraining orders are valid even if you do not have a green card. The people that work at the courthouse do not work for INS (Immigration and Naturalization Services). See an attorney if you are concerned about deportation.

Do I Need a Lawyer if I Have a Restraining Order against Me?

If there is a restraining order against you, you should see a lawyer. Because criminal charges may be involved, and because your rights and movements may be affected or restricted by the order, it would be beneficial for you to speak with a criminal attorney.

Photo of page author Ken LaMance

, LegalMatch Law Library Managing Editor and Attorney at Law

Last Modified: 01-13-2014 02:35 PM PST

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